# Information Collection Activities; Requests for Comments
**AGENCY:**
Office of the Secretary (OST), DOT.
**ACTION:**
Notice and request for public comment and submission to OMB for clearance of renewed approval of information collection.
**SUMMARY:**
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comments. The ICR describes the nature of the information collection and its expected burden. A *Federal Register* Notice with a 60-day comment period soliciting comments on the following information collection was published on September 29, 2023. No public comments were received. The purpose of this Notice is to allow 30 days for public comment.
**DATES:**
Comments to this notice must be received by January 11, 2024.
**ADDRESSES:**
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to *www.reginfo.gov/public/do/PRAMain.* Find this information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal identification information, will be available for public view.
**FOR FURTHER INFORMATION CONTACT:**
Mike Huntley, Office of Drug and Alcohol Policy and Compliance, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; 202-366-3784 (voice), 202-366-3897 (fax), or *[email protected]* (email).
**SUPPLEMENTARY INFORMATION:**
*OMB Control Number:* 2105-0529.
*Title:* Procedures for Transportation Workplace Drug and Alcohol Testing Programs.
*Type of Review:* Clearance of a renewal of an information collection.
*Form Numbers:* DOT F 1385; DOT F 1380.
*Respondents:* The information will be used by transportation employers, Department representatives, and a variety of service agents.
*Abstract:* Under the Omnibus Transportation Employee Testing Act of 1991, DOT is required to implement a drug and alcohol testing program in various transportation-related industries. This specific requirement is elaborated in 49 CFR part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs. This request for a renewal of the information collection for the program includes 45 burden items including the U.S. Department of Transportation Alcohol Testing Form (ATF) [DOT F 1380] and the DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form [DOT F 1385].
The ATF includes the employee's name, the type of test taken, the date of the test, and the name of the employer. Data on each test conducted, including test results, is necessary to document that the tests were conducted and is used to take action, when required, to ensure safety in the workplace. The MIS form includes employer specific drug and alcohol testing information such as the reason for the test and the cumulative number of test results for the negative, positive, and refusal tests. No employee specific data is collected. The MIS data is used by each of the affected DOT Agencies ( *i.e.,* Federal Aviation Administration, Federal Transit Administration, Federal Railroad Administration, Federal Motor Carrier Safety Administration, and the Pipeline and Hazardous Materials Safety Administration) and the United States Coast Guard when calculating their industry's annual random drug and/or alcohol testing rate.
On May 2, 2023, part 40 was amended to include oral fluid testing as an additional methodology for drug testing that gives employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals of the program [88 FR 27596]. As a result of the rule to include oral fluid testing as an additional methodology for drug testing, two new burden items have been added to this collection: (1) Oral Fluid Collector (Qualification and Refresher) Training Documentation [§ 40.35(b) & (e)]; and (2) Oral Fluid Collector Error Correction Training Documentation [§ 40.35(f)]. These new burden items are analogous to the existing burden items for urine collectors and screening test technicians and breath alcohol technicians.
Also as a result of the May 2023 rule to include oral fluid as an additional methodology for drug testing, DOT will request OMB approval for a revision of the MIS Data Collection Form to facilitate the collection of oral fluid testing data from employers. Specifically, in Section III of the form, “Drug Testing Data,” DOT will add additional rows under each “Type of Test” ( *e.g.,* Pre-Employment, Random, Post-Accident, Reasonable Suspicion/Cause, Return-to-Duty, Follow-Up, and Total) for employers to enter the number of urine tests, the number of oral fluid tests, and the number of total tests conducted.
*Estimated Total Number of Respondents:* 1,426,662.
*Estimated Number of Responses:* 11,459,756.
*Frequency of Response:* The information will be collected annually.
*Estimated Total Number Burden Hours;* 1,469,136.
[^1] All salary costs are based upon the Department of Labor's bureau of Labor Statistics average employee compensation hourly cost in 2023.
| PRA item | Number of | Number of | Burden per | Total | Total salary |
| --- | --- | --- | --- | --- | --- |
| Exemptions from Regulation Provisions Requests [40.7(a)] | 1 | 1 | 180 | 3 | $122 |
| Employer Stand-down Waiver Requests [40.21(b)] | 0 | 0 | 480 | 0 | 0 |
| Employee Testing Records from Previous Employers [40.25(a)] | 549,029 | 990,596 | 8 | 132,079 | 5,387,502 |
| Employee Release of Information [40.25(f)] | 549,029 | 990,596 | 8 | 132,079 | 5,387,502 |
| MIS Form Submission [40.26] | 19,699 | 19,699 | 90 | 29,549 | 1,205,304 |
| Urine Collector (Qualification and Refresher) Training Documentation [40.33(b) & (e)] | 5,000 | 5,000 | 4 | 333 | 13,583 |
| Urine Collector Error Correction Training Documentation [40.33(f)] | 17,980 | 17,980 | 4 | 1,199 | 48,907 |
| Oral Fluid Collector (Qualification and Refresher) Training Documentation [40.35(b) & (e)] | 5,000 | 5,000 | 4 | 333 | 13,583 |
| Oral Fluid Collector Error Correction Training Documentation [40.35(f)] | 17,980 | 17,980 | 4 | 1,199 | 48,907 |
| Laboratory Reports to DOT Regarding Unlisted Adulterant [40.87(e)] | 0 | 0 | 30 | 0 | 0 |
| Semi-Annual Laboratory Reports to Employers [40.111(a)] | 19 | 365,983 | 4 | 24,399 | 995,235 |
| Semi-Annual Laboratory Reports to DOT [40.111(d)] | 19 | 456 | 4 | 30 | 1,224 |
| Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) & (d)] | 1,000 | 1,000 | 4 | 67 | 2,733 |
| MRO Review of Negative Results Documentation [40.127(b)(2)(ii)] | 5,000 | 351,135 | 4 | 23,409 | 954,853 |
| MRO Failure to Contact Donor Documentation [40.131(c)(1)] | 5,000 | 50,787 | 4 | 3,386 | 138,115 |
| MRO Effort to Contact DER Documentation [40.131(c)(2)(iii)] | 5,000 | 57,624 | 4 | 3,842 | 156,715 |
| DER Successful Contact Employee Documentation [40.131(d)] | 46,099 | 46,099 | 4 | 3,073 | 125,348 |
| DER Failure to Contact Employee Documentation [40.131(d)(2)(i)] | 11,525 | 11,525 | 4 | 768 | 31,327 |
| MRO Verification of Positive Result Without Interview Documentation [40.133] | 5,000 | 11,525 | 4 | 768 | 31,327 |
| Adulterant/Substitution Evaluation Physician Statements [40.145(g)(2)(ii)(d)] | 0 | 0 | 30 | 0 | 0 |
| MRO Cancellation of Adulterant/Substitution for Legitimate Reason Reports [40.145(g)(5)] | 0 | 0 | 30 | 0 | 0 |
| Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)] | 40 | 40 | 4 | 3 | 122 |
| Split Specimen Requests by MRO [40.171(c)] | 5,000 | 11,932 | 4 | 795 | 32,428 |
| Split Failure to Reconfirm for Drugs Reports by MRO [40.187(b)] | 70 | 70 | 4 | 5 | 204 |
| Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)] | 8 | 8 | 5 | 1 | 41 |
| Shy Bladder Physician Statements [40.193(f)] | 719 | 719 | 5 | 60 | 2,447 |
| MRO Statements Regarding Physical Evidence of Drug Use [40.195(b) & (c)] | 0 | 0 | 0 | 0 | 0 |
| Drug Test Correction Statements [40.205 (b)(1) & (2)] | 25,000 | 143,840 | 8 | 19,179 | 782,311 |
| Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c)&(e)] | 2,000 | 2,000 | 4 | 133 | 5,425 |
| BAT/STT Error Correction Training Documentation [40.213(f)] | 401 | 401 | 4 | 27 | 1,101 |
| Complete DOT Alcohol Testing Forms [40.225(a)] | 10,000 | 8,025,159 | 8 | 1,070,021 | 43,646,157 |
| Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)] | 10,000 | 10,000 | 4 | 667 | 27,166 |
| Shy Lung Physician Statements [40.265(c)(2)] | 401 | 401 | 4 | 27 | 1,101 |
| Alcohol Test Correction Statements [40.271(b)(1)&(2)] | 803 | 803 | 4 | 54 | 2,203 |
| Substance Abuse Professional (SAP) (Qualification and Continuing Education) Training Documentation [40.281(c)&(d)] | 3,334 | 3,334 | 4 | 222 | 9,055 |
| Employer SAP Lists to Employees [40.287] | 116,467 | 116,467 | 4 | 7,764 | 316,694 |
| SAP Reports to Employers [40.311(c), (d) & (e)] | 10,000 | 201,258 | 4 | 13,417 | 547,279 |
| Correction Notices to Service Agents [40.373(a)] | 25 | 25 | 60 | 25 | 1,020 |
| Notice of Proposed Exclusion (NOPE) to Service Agents [40.375(a)] | 5 | 5 | 600 | 50 | 2,040 |
| Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)] | 2 | 2 | 60 | 2 | 82 |
| Service Agent Information to Argue PIE [40.379(b)(2)] | 2 | 2 | 240 | 8 | 326 |
| Service Agent Information to Contest PIE [40.381(a) & (b)] | 2 | 2 | 240 | 8 | 326 |
| Notices of PIE to Service Agents [40.399] | 1 | 1 | 60 | 1 | 41 |
| Notices of PIE to Employer and Public [40.401 (b) & (d)] | 1 | 1 | 60 | 1 | 41 |
| Service Agent PIE Notices to Employers [40.403 (a)] | 1 | 300 | 30 | 150 | 6,119 |
| Total New | 1,426,662 | 11,459,756 | 2,328 | 1,469,136 | 59,926,016 |
*Public Comments Invited:* (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the Department's estimate of the burden of the proposed information collection; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.
(Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48)
Authority and Issuance.
Issued in Washington, DC, on December 5, 2023.
Bohdan S. Baczara,
Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance.